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24.171.2305    WEB SITE POSTING OF LICENSE DISCIPLINE

(1) For purposes of ARM 24.101.404, each first-time violation of the following acts constitutes a failure to file or complete in a timely manner a minor administrative requirement that is in rule or law:

(a) lack of first aid card if no client is served during the lapse;

(b) an outfitter's failure to ensure that a guide has a first aid card if no client is served during the lapse;

(c) failure to display required information on a water vessel;

(d) incomplete or faulty log book entries;

(e) failure to maintain insurance if no client is served during the lapse;

(f) use of a nonsufficient funds check;

(g) failure to carry current guide or outfitter license while providing services;

(h) failure to carry a current fishing license; and

(i) failure to have a current conservation license.

(2) No conduct is a failure to file or complete in a timely manner a minor administrative requirement that is in rule or law if the board determines that the conduct constitutes fraud, dishonesty, or a careless or intentional disregard for the rules, statutes, or standards applicable to the licensee.

(3) If an applicant is denied a license only because of an incomplete application or because the applicant lacks the required days of verified experience, a first aid card, an ALS number, the proper amount of fees, or other similar item or requirement, then the denial is based solely on the applicant's failure to meet minimum licensure qualifications, and not based on competence to practice issues.

(4) No license denial is based solely on the applicant's failure to meet minimum licensure qualifications, and not based on competence to practice issues if the board determines the application involves the applicant's fraud, dishonesty, or a careless or intentional disregard for the rules, statutes, or standards applicable to the applicant.

History: 37-1-131, 37-47-201, MCA; IMP, 37-1-131, 37-1-311, MCA; NEW, 2011 MAR p. 2149, Eff. 10/14/11.

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